Appellate Division of the Supreme Court of the State of New York April 7, 1997 (Sewell v. City of New York)

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Price, J.), dated January 30, 1996, which, upon the granting of the defendant’s motion made at the completion of the plaintiff’s opening statement for judgment as a matter of law, is in favor of the defendant and against him dismissing the complaint.